Case 3:19-mj-71224-MAG Document 1 Filed 08/08/19 Page 1 of 2 1 DAVID L. ANDERSON (CABN 149604) United States Attorney 2 3 4 HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division A(JG -8 2019 KAREN BEAUSEY (CABN 155258) Assistant United States Attorney n ^ SUSAN Y. SOONG 5 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 6 Telephone: (415) 436-6598 FAX: (415) 436-7234 Karen.Beausey@usdoj.gov 7 8 Attorneys for United States of America 9 UNITED STATES DISTRICT COUi t 10 ED, NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISg)N j 9 12 13 UNITED STATES OF AMERICA, Plaintiff, 14 15 jlj 71224 ) CASE NO. NOTICE OF PROCEEDINGS ON OUT-OFDISTRICT CRIMINAL CHARGES PURSUANT TO RULES 5(c)(2) AND (3) OF THE FEDERAL V. RULES OF CRIMINAL PROCEDURE 16 17 NAI CHUN VINCENT CHEUNG, Defendant. 18 19 Please take notice pursuant to Rules 5(c)(2) and (3) of the Federal Rules of Criminal Procedure 20 that on August 8, 2019, the above-named defendant was arrested pursuant to an arrest warrant (copy 21 attached) issued upon a 22 • Indictment 23 • Information 24 X Criminal Complaint 25 • Other (describe) 26 27 28 pending in the Southern District of Florida Case Number 1:19-MJ-03248 ADR . In that case (copy of complaint attached), the defendant is charged with a violation(s) of Title 18, United States Code, Section(s) 554(a) and 371, and Title 16, United States Code, Sections V. 7/10/2018 Case Document 1 Filed 08/08/19 Page 2 of 2 . Description of Charges: Fraudulent or Knowing Exportation of Merchandise from the United States Contrary to Law or Regulation, in violation of 18 U.S.C. 554(a); Making or Submitting a False 1 Record, Account or Label for, or False Identi?cation of, Wildlife Intended to Be Exported, in violation of 16 U.S.C. and Conspiracy to violate 18 U.S.C. 554(a) and 16 U.S.C. or to Defraud the United States, in violation of 18 U.S.C. 371. The maximum penalties are as follows: 1 18 U.S.C. 554 (Smuggling Goods from the United States): . ten years imprisonment and/or $250,000 ?ne 3 years supervised release 1 $100 special assessment 1 Forfeiture 16 U. S. C. (Lacey Act- False ?ve years imprisonment and/or $250, 000 ?ne 3 years supervised release 1 $100 special assessment 1 Forfeiture 18 U.S.C. 371 (Conspiracy) ?ve years imprisonment and/or $250,000 ?ne 3 years supervised release $100 special assessment 1 Forfeiture Respectfully Submitted, 1 DAVID L. ANDERSON UN TED STATES ATTORNEY Date. We )617 a V. 7/10/2018 Case 3:19-mj-71224-MAG Document 1-1 Filed 08/08/19 Page 1 of 20 ^AOQWRev 12/01^ rriminal Cnmnlnint United States District Court SOUTHERN DISTRICT OF UNITED STATES OF AMERICA FLORIDA CRIMINAL COMPLAINT V. NAI CHUN VINCENT CHEUNG Case Number: * (Name and Addressof Defendant) I, the undersigned complainant state that the following is true and correct to the best of my knowledge and belief. On or about 10/17 - 6/19 in Mlaml-Dade County, in (Date) the Southem District of Florida defendant(s) did, (TrackStatutoryLang^ge ofOffense) (1)fraudulently or knowingly export or attempt to export from the United States,any msrchandise, article or object contraryto any lawor regulation of the United States, in violation of 18 U.S.C. § 554(i ); (2) make or submit any false record, account, or label for, or any false identification of, any... wildlife... whi ch has been, or is Intended to be ... exported, transported, sold, or purchased ..., In violation of 16 U.S.C. §§ 337^(d)(1)/16 U.S.C. §3373(d)(3) (A)(i); and (3) conspire tocommit an offense against the United States, in violation of 8 U.S.C. § 371 inviolation of Title United States Code, Section(s) I further state that I am a(n) Special Agent, U.S. Fish &Wildlife Svc. and that th s complaint is based on the Official Title following facts: See Attached Affidavit Continued on the attached sheet and made apart ofthis complaint: 0 Yes \ • iKo Signature ofComplainaijtt John Skidmore PrintedNameofComplainant Sworn to beforeme and signedin my presence, 8/5/2019 at Date Miami Ci^ Alicia Otazo-Reyes Name ofJudge Tide ofJudge Signature ofJudge Florida State Case Document 1-1 Filed 08/08/19 Page 2 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. IN RE SEALED COMPLAINT AND ARREST WARRANT UNSEALING ORDER The United States of America, having applied to this Court for all Order the Application For an Arrest Warrant, Arrest Warrant, and any associated? documents ?led with the Clerk of the Court, as well as the attendant Motion to Seal and Sealed Order, all of which were previously sealed by Order of this Honorable Court on August 5, 2019, and the Court ?nding good cause: IT IS HEREBY ORDERED that the Application For an Arrest V?Varrant, Arrest Warrant, and any associated documents ?led with the Clerk of the Court, as well as the attendant Motion to Seal and Sealed Order shall be UNSEALED and placed in the open record of the Court. DONE AND ORDERED in chambers at Miami, Florida, this 8th day of August, 2019. 5 . mm US. District Court Southern District of Florida By cc: Clerk of Court Date 3 474? Deputy Clerk AUSA P. Outerbridge Case Document 1-1 Filed 08/08/19 Page 3 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. l?l?Ivj -03 21+? MK IN RE SEALED COMPLAINT SEALED ORDER The United States of America, having applied to this Court for an? Order sealing the complaint, arrest warrant, and this Order and the Court ?nding good ca e: IT IS HEREBY ORDERED that the complaint, arrest warrant, ~and this Order shall be ?led under seal until the arrest of the defendant in this matter or until er order of this Court, however, the United States Attorney? 3 Of?ce and any other relevant law enforcement agency may obtain COpieS of any complaint, arrest warrant, or other sealed document for purposes of arrest, extradition, or any other necessary cause. DONE AND ORDERED in chambers at Miami, Florida, this day of August 2019. ALICIA M. OTAZO REYES UNITED STATES MAGISTRATE JUDGE cc: P. Outerbridge, AUSA Case Document 1-1 Filed 08/08/19 Page 4 of 20 AFFIDAVIT IN SUPPORT or CRIMINAL COMP AINT I, John Skidmore, being ?rst duly sworn, depose and state as fol ows: 1. I am a Special Agent with the United States Fish and Wildlife Service - Of?ce of Law Enforcement and am therefore an ?investigative or la+? enforcement of?cer? of the United States within the meaning of Title 16, United States Code, SeTtion 3375. Additionally, I am a Federal Law Enforcement Of?cer within the meaning of Rule 41(a) of Federal Rules of Criminal Procedure and have held such designation since May 2016. Since that time, I have worked for the USFWS as a Special Agent in the Miami, Florida O?ce pf Law Enforcement and have conducted investigations into the traf?cking and smuggling of endangered and protected wildlife. Prior to my employment as a USFWS Special Agent, I was employed by the US. Department of Homeland Security Homeland Security Inv stigations as a Special Agent for ?ve years. Prior to my time as an HSI Special Ag ?nt, I was employed as a Special Agent with the USFWS for approximately three years. During my overall career as a Special Agent, I have conducted multiple investigations involving the uggling of contraband, including endangered and protected wildlife, both into and out of the United States. 2. Based upon my training and experience, I am familiar wi the laws and regulations primarily enforced by the USFWS, such as the Lacey Act, Title 16, Uni?ed States Code, Sections 3371, et seq. and the Endangered Species Act (BSA), Title 16, United States Code, Sections 1531, et seq. I am also familiar with certain laws and regulations primarily enforced by HSI, including Title 18, United States Code, Section 554 (Smuggling Goods from the lmted States Contrary to Law) wherein underlying violations of the Lacey Act and/or Endangere: Species Act (or related regulations) are concurrently violated. 3. During my employment with USFWS, I have had extensive training concerning 1 Case Document 1-1 Filed 08/08/l9 Page 5 of 20 violations of federal wildlife-related criminal laws on the part of persons suSpected of illegally importing, exporting, taking, possessing, and traf?cking in various tected species of ?sh and wildlife. As a result of my training and experience, as well as the titutional knowledge and experience of other USFWS Special agents and inspectors across the nited States with whom I often rely, I am familiar with the particular methods commonly used ?sh and wildlife dealers and traders to illegally avoid the various statutory and regulatory reduirements attendant to the importation and exportation of protected wildlife species. 4. As I have learned from my training and experience, illegal activities on the part of those engaged in the illicit wildlife trade include the following types of criminal conduct, among others: concealing all or portions of a wildlife shipment from detection by federal law enforcement of?cers and inspectors by means of various deceptive methods including the mixing of hidden protective wildlife species with other declared species within the same shipping container; falsifying material information set forth upon required federal wildlife declaration forms; creating parallel sets of invoices wherein one disclosetl set is submitted which fraudulently understates or fails to declare the actual number of ship ed wildlife specimens and the prices paid, while an accurate parallel invoice is used internally the perpetrators; and communications conducted by email, text and voice in coded langua amongst the participants in illegal smuggling operations. 5. I am making this Af?davit in support of an application for an arrest warrant authorizing USFWS Special Agents, or other duly authorized law enforcement of?cers, to arrest Nai Chun Vincent CHEUNG (hereinafter for violating. the following laws: a) 16 U.S.C. 3372(d)(l) and 3373(d)(3)(A)(i) - - Lacey Act; b) 18 U.S.C. 554 - - Smuggling Goods from the United States; and Case Document 1-1 Filed 08/08/19 Page 6 of 20 c) 18 U.S.C. 371 - - ConSpiracy to Violate the Above Substantive Offenses In addition, as set forth below, it has been demonstrated that CHEUNG has committed the aforementioned substantive crimes both as a principal within the meaning of 18 U.S.C. 2, as well 6. The information in this Af?davit is based upon: (1) my ersonal observations while as a co-conspirator in connection with said crimes within the meaning 4of 18 U.S.C. 371. conducting the subject investigation; (2) inspections conducted in cbnnection with the subject investigation which were performed by USFWS Special Agents 0r Inspectors upon certain illegally exported wildlife shipments; (3) information provided to me: by other investigating law enforcement of?cers and a non-law enforcement civilian who was a former accomplice of and (4) information obtained from electronic voice and text communications. 7. In this Af?davit, I have not set forth all information of jvvhich I am aware, but only such information as I believe necessary to establish probable cause that CHEUNG, has committed violations of the above-referenced federal criminal laws. 1 LEGAL BACKGROUND 8. The United States is a signatory to an international treaty known as the ?Convention on International Trade in Endangered Species of Wild Fauna and Flora? (hereinafter Appendix I of CITES identi?es wildlife species which are actually threatened with extinction and for which trade in such species is subjected to particularly strict regulation and only authorized in exceptional circumstances. Appendix II of CITES lists certain wildlife species which, although not necessarily threatened with extinction, may become so witlrout strict regulations and limitations placed on trading in specimens of such species. CITES, Art. 11, 9. The United States Fish and Wildlife Service within the Department of the Interior was designated by Congress pursuant to the Etpdangered Species Act (16 Case Document 1-1 Filed 08/08/19 Page 7 of 20 U.S.C. 1531-1544) (hereinafter as the CITES enforcement authority within the United States. See 16 U.S.C. 1537(a). 10. In accordance with DOI regulations promulgated under the ESA, all species of wildlife destined for export from the United States are required to be clleared by a USFWS of?cer prior to their physical loading upon a vehicle or aircraft, or prior to corftainerization or palletizing of the wildlife in preparation for loading. See 50 C.F.R. Moreover, in order to obtain clearance for such wildlife eXports, regulations further require that the exporter or the exporter?s agent must make available to the USFWS or, as the case may be, and Border Protection, the following items and documents, among others, prior to obtaining export clearance: Shipping documents, including bills of lading, lists, and invoices; b. All permits, licenses or other documents required by the laws or regulations of the United States or any foreign country with respect to each exported species which, due to its protected status, is required to be the subject of a CITES or other permit; c. Each of the wildlife specimens intended for exportation. See 50 C.F.R. 14.52(c) 11. DOI regulations under the ESA also require that an of wildlife complete a ?Declaration for Importation or Exportation of Fish or Wildlife? (USFWS Form 3-177) prior to the exportation of wildlife at the port of exportation, including a certi?cation by the exporter or the exporter?s agent attesting to the truth and completeness of the form to the best of his/her knowledge and belief. See 50 C.F.R. 14.63. These of?cial fo require that each item of wildlife be listed along with their respective species names, CITES rmit numbers (for CITES- protected species), the quantity of each species, and the monetary val es of each species. 12. In the case of CITES Appendix I wildlife, no commercial exportation is allowable through the permitting process. Before exporting Appendix II wildlife, production of a valid Case Document 1-1 Filed 08/08/l19 Page 8 of 20 United States CITES export permit (in addition to the recording of the permit number upon USFWS Form 3-177) is also required. See CITES, ArtC.F.R 23.20(e) Pursuant to 50 CPR. exporting or engaging in international trade of any species listed in Appendix I or II of CITES, without adherence to CITES permitting requirements or otherwise in contravention of CITES provisions is unlawful. Additionally, any attempt to commit, solicit another to commit, or cause to be committed such activity is likewise unlawful. See 50 CPR. 13. Section 1538(c)(1) of the ESA further states, in relevaiit part, that it is ?unlawful for any person . . . to engage in any trade in any Specimens [of wildlifei contrary to the provisions of the Convention [referring to or to possess any specimens traded contrary to the provisions of the Convention, including the de?nitions of terms in articlt?a 1 thereof.? See 16 U.S.C. 153 1). The term ?trade? is further de?ned in Article 1(b) of CI to include, among other activities, ?to export." Accordingly, any exportation of CITES-prompted wildlife that does not comply with the CITES Convention permitting and other requirements amounts to trading in species contrary to the provisions of CITES in violation of both 16 153 as well as 50 CPR. 23.13(a) 14. Section 3372(d) of the Lacey Act makes it unlawful fgir ?any person to make or submit any false record, account, or label for, or any false identi?caticin of, any ?sh, wildlife, or plant which has been, or is intended to be (I) imported, exported, transported, sold, purchased, or received ?'om any foreign country; or (2) transported in interstate 0 foreign commerce.? See 16 U.S.C. As set forth in Section 3373(d)(3)(A) i) of the Lacey Act, ?any person who knowingly violates subsection . . . of section 3372? has committed a felony offense if the offense ?involves the importation or exportation . . . of wildlife.? 5 Case Document 1-1 Filed 08/08/119 Page 9 of 20 15. 18 U.S.C. 554 makes it a felony offense for anyone to fraudulently or knowingly export or send from the United States, or attempt to export or send from the United States, any merchandise, article or object contrary to any law or regulation of the United States, or to receive, conceal, buy, sell, or in any manner facilitate the transportation, coTcealment, or sale of such merchandise prior to exportation, knowing the same to be intended for Importation contrary to any law or regulation of the United States. 1 Investigation of Vincent CHEUNG and Co-Conspirator A 16. On March 19, 2019, a Florida business identi?eii as ?Reptile Paradise? electronically ?led a USFWS Form 3-177 with the USFWS declaring an outbound shipment of ?live reptiles? destined for export on March 21, 2019 from Miami Int national Airport (MIA) to Hong Kong via Cathay Paci?c Airlines. The US. exporter was identi?ed upon the shipping paperwork as ?Reptile Paradise,? with a listed address in Eustis, Florida, while the foreign importer was identi?ed as ?Reptiles Paradise? - - with an address in Hong Kong. 17. An inspection of the shipping containers constituting the March 21, 2019 shipment, which was conducted by USFWS inspectors and Special Agents at MIA, revealed numerous undeclared Florida Box Turtles (T errapene Bauri) (?Box Turtles?), a II-protected species, concealed underneath one or more layers of numerous Three Striped Mud Turtles (Kinosz?emon Baurz?z) (?Mud Turtles?), a non-protected wildlife species which had betirn appropriately declared. An inspection of the exterior of the cartons and the applicable export paperwork, including the USFWS Form 3-177 and an accompanying invoice, revealed that the CITES-protected Box Turtles had not been listed on the exterior markings of the cartons, nor had these protected wildlife Specimens been listed upon any export shipping documents presented to the USFWS. In addition, no CITES permits for the Box Turtles were presented to the USFWS and none were located within Case Document 1-1 Filed 08/08/19 Page 10 of 20 the shipping cartons. In order to ?il?ll investigative objectives, this? Shipment was cleared and allowed to depart to Hong Kong. 18. On April 16, 2019, ?Reptile Paradise? electronically filed a USFWS Form 3-177 re?ecting a shipment of ?live reptiles? declared for export on April 2019 from MIA to Hong Kong via Cathay Paci?c Airlines. In a fashion similar to the Marc i 21, 2019 export, the US. exporter for this shipment was again listed as ?Reptiles Paradise,? will] the same Eustis, Florida address. The foreign importer was listed as ?Reptiles Paradise? - - with the same Hong Kong address that had been listed in connection with 1e March 21, 2019 export. 19. An inspection by USFWS inspectors and Special Agents of the shipping containers constituting the April 18, 2019 shipment revealed sixty-one (61) undeclared animals. Speci?cally, forty-nine (49) CITES-protected Box Turtles and twelve (12) Spotted Turtles (Clemmys Guttata) (?Spotted Turtles?), which are also Appendix 11 protected species, were found concealed within layers of declared Mud Turtles. In addition, an inspection of the exte 'or of the cartons and the applicable export paperwork ?led in connection with this shipment, inl luding the USFWS Form 3-177 and accompanying invoice, revealed that the Box Turtles and Spotted Turtles were not listed upon any export documents presented to the USFWS. Moreover, mi CITES permits for Box Turtles or Spotted Turtles were presented to the USFWS and none were 1 cated within the shipping cartons. Again, in order to ful?ll investigative objectives, this shipment was also cleared and allowed to depart to Hong Kong. 20. On June 6, 2019, in Eustis, Florida, USFWS Special Ag 1 nt Scotty Boudreaux and your af?ant met with the owner/manager of Reptile Paradise, the business which had been listed as the exporter with regard to the March 21, 2019 and April 18, 2019 shi ments, and the individual suspected as being reSponsible for the preparation and submission of the false USFWS Forms 3- Case Document 1-1 Filed 08/08/19 Page 11 of 20 177 and invoices regarding these two shipments. This individual will liereinafter be referred to as ?co-conspirator 21. Co-conspirator A was known to Special Agents of the USFWS at the time of the above encounter, since co-conspirator A was a documented source of information for the USFWS. In this capacity, for approximately six years, co-conspirator A had provided information concerning illicit wildlife trafficking on various occasions. This information was documented, corroborated on various occasions, and deemed reliable on such occasions. Your affiant is also presently aware of communications which had taken place between co-conspirator A and CI-IEUNG during this time period which establish that CHEUNG wag aware of co-conspirator A?s c00perative status with law enforcement and that co-conspiratoi A had been supplying information to USFWS regarding the alleged illegal activities of other 'ldlife traders. 22. When confronted on June 6, 2019 concerning the discoveries of the undeclared wildlife in co-conspirator A?s export cargo, which was incopsistent with the terms of his cooperative relationship with law enforcement, co-conspirator A denied wrongdoing. However, shortly thereafter, co-conspirator A confessed that he and CHFUNG had, indeed, been engaging in a scheme to smuggle CITES-protected wildlife by purposelyl concealing and failing to declare quantities of protected wildlife shipped to CHEUNG in Hong Kbng. 23. During this same interview, co-conspirator A furthei admitted that he and CHEUNG had engaged in this illicit behavior, with respect to the two shipments discovered by USFWS, as well as numerous earlier exportations, and did so during the previous period of approximately eighteen months. According to co-conspirator A, certain other shipments to CHEUNG during this same period were legitimate exportations as well. Therea?er, your af?ant Case Document 1-1 Filed 08/08/19 Page 12 of 20 determined that CHEUNG was Nai Chun Vincent CHEUNG, a resident of Hong Kong, with a date of birth of March 29, 1965. 24. Further during the June 6, 2019 encounter with your af?ant, co-conspirator A advised that each unlawful exportation of protected wildlife routinely cornmenced with CHEUNG providing co-conspirator A with the particular species of wildlife and estimated quantity which CHEUNG sought to obtain in connection with each planned shipmentI Co-conspirator A would thereafter obtain the wildlife, pack the live specimens in boxes or artons interspersed with declared non-protected species, and retain the services of a customs brokE'r. Co-conspirator A then provided the false information for the preparation and electronic submisiion of the USFWS Forms 3-177 and shipping papers. Co-conspirator A would also deliver, or lake arrangements for the delivery of, the shipment of wildlife to Miami International Airport til export to CHEUNG in Hong Kong. 25. Co-conspirator A further advised that, after the shipping rocess was complete, co- conspirator A would send emails containing the true invoiLs. These true invoices displayed the same invoice numbers that had been displayed on the bogtls invoices that had earlier been ?led with the USFWS at the time of export and which had ac vompanied the respective shipments to CHEUNG in Hong Kong as part of the package of shipp'ulg papers. 26. According to co-conspirator A, each of the emailed in? oices would accurately identify the quantities and applicable prices for the various reptiles that had been exported and shipped to CHEUNG, inclusive of the protected species which had een secreted within the shipment and intentionally omitted in the USFWS 3-177, invoice, and Tther documents supplied to the USFWS. Finally, upon arrival in Hong Kong, CHEUNG made it;a practice to inspect each shipment and, according to co-conspirator A, would thereafter wire tra1+sfer the true amount due 9 Case Document 1-1 Filed 08/0849 Page 13 of 20 and owing as re?ected upon the revised emailed invoice plus a ?at dommission payable to co- consPirator A (usually in the amount of $4,000). 27. Co?conspirator A also informed your a?iant on June 6, 2019 that CHEUNG communicates via email using reptiles@netvigator.com, WeChat voice call, and WeChat text message using Chinese telephone number 852-952-4378. WeChat is a mobile text and voice messaging communications service app that is available for use on Android, iPhone, Blackberry, and Windows plTone platforms 28. Co-conspirator A further informed your af?ant and Spe?Tial Agent Boudreaux that co-conspirator A and made use of coded language in place (if common names in their communications when refening to certain species of wildlife in pursuit of their joint smuggling scheme. These code names included the terms ?Purple Color? in place of a Diamond Back Terrapin (Malaclemys terrapin), ?Ear Infection? in place of a Box (Terrapene carolina baurz), and ?Small High Color Cooter? in place of a Spotted Turtle (Cle guttata), all of which are CITES protected-species. Co-conspirator A further advised that in order to assist in the concealment of these same wildlife species within their various shipments to Hong Kong, CHEUNG instructed co-conspirator A to purchase, pack, declare, and package comparatively large quantities of non-protected Mud Turtles to use as cover in the sihipments that contained undeclared CITES-protected species. This admission by co-conspiratori A is consistent with the concealment method that was apparent within the March 21, 2019 and April, 18, 2019 shipments discussed earlier herein. 29. During the June 6, 2019 encounter with your af?ant and Special Agent Boudreaux, co-conspirator A agreed to continue to provide information by notifying Special Agents about future shipments of wildlife and agreed to assist by cbntinuing the procuring, packing, and subsequent shipping activity for future exports to CHEUNF under the supervision of and cooperation with law enforcement. 10 Case Document 1-1 Filed 08/08/19 Page 14 of 20 Covert Investigation of Vincent CHEUNG 30. Co-conspirator A and CHEUNG exchanged WeChat tegtt messages between June 13, 2019 and June 19, 2019 and discussed the species of wildlife to be included in a June 20, 2019 export to CHEUNG. During this WeChat conversation, CHEUNG hsed the code words ?ear infection? and ?purple color? when discussing the types of turtles and ierrapins to be included in the shipment. CHEUNG further stated to co-conspirator A, let the boxes sitting at Omega of?ce. personal drop at 31. On June 18, 2019, with the knowledge of USFWS investigators, co-conspirator A ?led a USFWS Form 3-177 identifying a shipment of live reptiles destined for export on June 20, 2019 ?'om MIA to ?Reptiles Paradise? - - with the same Hong Kong address that had been listed in connection with the previous shipments that contained undeclared Wildlife. No Box Turtles or Diamond Back Terrapins were listed or this declaration or on accompanying invoice numbered 138 and no CITES permits were submitted with the declaration. The failure to properly declare the contents of the shipment on both the USFWS 3-177 and the accompanying invoice, along with the failure to submit CITES permits font undeclared species, was consistent with the previous smuggling practices of CHEUNG and A. A Cathay Paci?c Air Waybill, number 160-09308025, was submitted along USFWS 3-177 and showed ?Reptiles Paradise? in Hong Kong as the consignee and ?Live Rieptiles? as the nature of goods. The shipper certi?cation shows, ?Omega Customs Brokers Inc as ,Agents.? 32. On June 18, 2019, with the knowledge of USFWS investi ators, co-conspirator A packed the shipping cartons with the species and quantities of reptiles That CHEUNG ordered including twenty (20) Box Turtles and (9) Diamond Back Terrapins. Co-lConspirator A listed to USFW Special Agents the number of shipping cartons, the exact numbeif and Species of reptiles 11 Case Document 1-1 Filed 08/08/19 Page 15 of 20 in the cartons, and that twenty (20) Box Turtles and (9) Diamond Baclq Terrapins were concealed inside the shipping cartons. This concealment of undeclared wildlife iPSide the shipping cartons was consistent with CHUENG and co-conspirator A?s previous smuggling practices. On June 19, 2019, co-conspirator A completed the shipping process to CHEUNG and noti?ed USFWS Special Agents. 33. Later on June 19, USFWS Wildlife Inspectors and other law enforcement personnel traveled to the Cathay Paci?c Cargo Area at MIA to inventory the contents of the shipping cartons associated with air waybill number 160-09308025. The contents of the shipping cartons were consistent with what co-conspirator A stated to USFWS investigators including the twenty (20) undeclared Box turtles and (9) Diamond Back Terrapins. The contents of the shipping carton were viewed, documented, and repacked in the exact manner in which cofconspirator A originally packaged them. In order to ful?ll investigative objectives, this shipmen? was cleared, and allowed to depart to Hong Kong. 34. Co-Conspirator A provided your af?ant with an email Fated June 20, 2019 and addressed to reptiles@netvigator.com. This email contained an titled ?Vincent 06-19- 2019 Updatedxls? The attachment was a duplicate Invoice numbered 138, dated June 19, 2019, that listed an additional $5,100 in line item charges for ?16 Ear infection? ?4 Ear infection Extra Scutes,? and ?9 Purple color.? This duplicate invoice re?ected a true balance owed of $35, 250.16 for the June 20 shipment. On June 23, CHEUNG sent a series of We?hat messages and stated, ?$39,250 send.. .no deduct on invoice. . .add $4000 for u. . 35. During a WeChat text exchange between June 13, 2019 and July 2, 2019, co- conspirator A and CHEUNG discussed the species of wildlife to be included in a July 4, 2019 export to CHEUNG. During these exchanges, CHEUNG stated, Rhino 300 12 Case Document 1-1 Filed 08/08/i9 Page 16 of 20 CHEUNG was referring to the Rhinoceros iguana (Cyclura comma)? (hereina?er referred to as ?Rhinoceros iguana?) which is listed in Appendix I of CITES. In Fnother WeChat message, CHEUNG stated about the packing, ?rhino in bags located at bottom dehk. . .put the mark besides my address on that Also during this exchange, CHEUNG asked, ?How many boxes. . .so 5 jumbo holding 3 striped, FL mud and sm sm cooters oh the bottom deck on each 36. On July 2, 2019, with the knowledge of USFWS investigators, co-conspirator A ?led a USFWS Form 3-177 identifying a shipment of live reptiles destined for export on July 4, jumbo 2019 ?om MIA to ?Reptiles Paradise? - - volith the same Hong Kong address that had been listed in connection with the previous shipments That contained undeclared wildlife. No Rhinoceros iguanas or Spotted Turtles were listed on this declaration or on accompanying invoice numbered 139 and no CITES permits for these species were submitted with the declaration. The failure to properly declare the contents of the shipment on both the USFWS 3-177 and the accompanying invoice along with the failure to submit permits for certain species was consistent with the previous smuggling practices of CHEUNG and co-conspirator A. A Cathay Paci?c Air Waybill, number 160-04814574, was submitted along with the USFWS 3- 37. On July 2, 2019, again with the knowledge of USFWS investigators, co-conspirator A packed the shipping cartons with the species and quantities of reptiles that CHEUNG ordered including two (2) Rhinoceros iguanas and eighty six (86) Spotted Turtles. Co-Conspirator A listed 177 and showed ?Reptiles Paradise? in Hong Kong as the consignee. to USFWS Special Agents the number of shipping cartons, the exact numlier and species of reptiles in the cartons, and that two (2) Rhinoceros iguanas and eighty six Spotted Turtles were concealed inside the shipping cartons. This concealment of undeclared wildlife inside the shipping 1 3 Case Document 1-1 Filed 08/08/19 Page 17 of 20 cartons was consistent with CHUENG and co-conspirator A?s previous smuggling practices. On July 3, 2019, co-conspirator A completed the shipping process to and noti?ed USFWS Special Agents. 38. Later on July 3, USFWS Wildlife Inspectors and other law enforcement personnel 1 traveled to the Cathay Paci?c Cargo Area at MIA to inventory the contents of the shipping cartons associated with air waybill number 160?04814574. The contents of the shipping cartons were consistent with what co-conspirator A stated to USFWS investigatdrs including the two (2). rhinoceros iguanas and eighty six (86) Spotted Turtles. The contents of the shipping cartons were inventoried, documented, and repacked in the exact manner in which co-conspiramr A originally packaged them. In order to ful?ll investigative objectives, this shipment was cleared and allowed to depart to Hong Kong. 39. Co-Conspirator A provided your af?ant with an email dated July 4, 2019 and addressed to reptiles@netvigator.com. One of the email attachments was a document titled 1 ?Vincent 07-03-2019 updatedxls? The attachment was a parallel Invoice numbered 139, dated July 3, 2019 that listed line items for ?2 Ty Lizards, l8 Sm High Color footers, and 68 Sm High Color cooters? and a revised total of $35,565.26. Cn July 8, 2019, replied via email ?om reptiles@netvigator.com and stated, did not deduct any from your total invoice and I add in $4,000 for The shipment invoice total $35,565 and I just TT you $39,565. Regards, Vincent Cheung.? 40. Between July 5, 2019 and July 18, CPI-335 exchanged WieChat messages about an upcoming shipment scheduled for July 25. During this exchange, CHEWG said, Have 2 more weeks so try get more healthy ear infections otherwise make no know what is contents if this shipment and the past. . .be smart. . .Ear infections no need sm sizes.? 14 Case Document 1-1 Filed 08/08/19 Page 18 of 20 41. On July 23, 2019, with the knowledge of USFWS investigators, co-conspirator A ?led a USFWS Form 3-177 identifying a shipment of live reptiles destined for export on July 25, 2019 from MIA to ?Reptiles Paradise? - - with the same Hong Kong address that had been listed in connection with the previous shipmen that contained undeclared wildlife. No Box turtles were listed on this declaration or on the accompanying invoice numbered 140 and no CITES permits for the Box Turtles were submitted with declaration. The failure to properly declare the contents of the shipment on both the USFWS 3-177 and the accompanying invoice along with the failure to submit CITES permits for Box was consistent with the previous smuggling practices of CHEUNG and co-conspirator A. A Chmay Paci?c Air Waybill, 1 number 160-09847725, was submitted along with the USFWS 3-177 and showed ?Reptiles 42. On July 23, 2019, again with the knowledge of UFFWS investigators, co- Paradise? in Hong Kong as the consignee. conspirator A packed the shipping cartons with the species and cinantities of reptiles that 1 Agents the number of shipping cartons, the exact number and species 10f reptiles in the cartons, CHEUNG ordered including ten (10) Box Turtles. Co-Conspirator A listed to USFWS Special and that ten (10) Box Turtles were concealed inside the shipping cart?bns. This concealment of undeclared wildlife inside the shipping cartons was consistent with CHUENG and co-conspirator A?s previous smuggling practices. On July 24, 2019, co-conspirator completed the shipping process to CHEUNG and noti?ed USFWS Special Agents. 43. Later on July 24, USFWS Wildlife Inspectors and other 14w enforcement personnel traveled to the Cathay Paci?c Cargo Area at MIA to inventory the cont: ts of the shipping cartons associated with air waybill number 160-09847725. The contents of shipping cartons were consistent with what co-conspirator A stated to USFWS investigators iricluding the ten (10) Box I 15 Case Document 1-1 Filed 08/08/19 Page 19 of 20 Turtles. The contents of the shipping carton were inventoried, viewed, documented, and repacked in the exact manner in which co-conspirator A originally packaged them. In order to ful?ll investigative objectives, this shipment was cleared and allowed to depart to Hong Kong. 44. Co-Conspirator A provided your af?ant with an email dated July 25, 2019 addressed to reptiles@netvigator.com. The body of the email contairied the following, ?Hello is the updated invoice. Hope all arrives in good conditibn. Co-Conspirator A also provided a copy of the email attachment titled ?Vincent 07-2442019 updatedxls? The attachment was a parallel Invoice numbered 140, dated July 24, 2019 that included a line item for ?10 ear infection? and a revised total of $43,786.85. On July 28, 2019, CHEUNG replied to this email using WeChat messenger and stated, ?payment just TT. No deduct from your invoice and add 4,000 on top.? 45. Based upon my training an experience, and as further supported by the facts in this af?davit, I respectfu?y submit that there is probable cause to believel?that Nai Chun Vincent (1) ?fraudulently or knowingly export, or attempt to export, from the United States, any CI-IEUNG, did: merchandise, article or object contrary to any law or regulation of the United States,? speci?cally, so C.F.R. so era 2313(1), 16 U.S.C. 1538(c)(1), and its U.S.C. 3372(d)(1), in violation of 18 U.S.C. 554(a); and (2) ?make or submit any false record, account, or label for, or any false identi?ca?on of, any ?sh, wildlife, or plant which has been, or is intended to be . . . imported, exported, transported, sold, purchased, or received from any foreign country, in violation of 16 U.S.C. 3372(d)(1), in violation of 16 U.S.C. and i 6 Case Document 1-1 Filed 08/08/19 Page 20 of 20 i (3) conspiracy to violate the aforementioned statutes, in violation of 18 U.S.C. 371. I declare under penalty of perjury that the information in this Af?davit iis true and correct. 3 i JOHN SKIDMORE, SPECIAL AGENT U.S. FISH AND WILDLIFE SERVICE 1 SUBSCRIBED ang SWORN to before me this day of August, 2010 i in Miami, Florida. ALICIA OTAZO-REYES UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF FLORIDA 17